Frequently asked questions on a human rights-based approach to development cooperation

1. OFFICE OF THE UNITED NATIONS
HIGH COMMISSIONER
FOR HUMAN RIGHTS
FREQUENTLY ASKED QUESTIONS
ON A HUMAN RIGHTS-BASED
APPROACH TO DEVELOPMENT
COOPERATION
UNITED NATIONS

2. OFFICE OF THE UNITED NATIONS
HIGH COMMISSIONER
FOR HUMAN RIGHTS
FREQUENTLY ASKED QUESTIONS
ON A HUMAN RIGHTS-BASED
APPROACH TO DEVELOPMENT
COOPERATION
UNITED NATIONS
New York and Geneva, 2006

3. NOTE
The designations employed and the presentation of the material in this publication do not imply the expression of any
opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory,
city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.
*
* *
Material contained in this publication may be freely quoted or reprinted, provided credit is given and a copy of the publication
containing the reprinted material is sent to the Office of the United Nations High Commissioner for Human Rights, Palais des
Nations, 8-14 avenue de la Paix, CH-1211 Geneva 10, Switzerland.
HR/PUB/06/8
Photo credits
Cover page: © International Labour Organization/M. Crozet; United Nations/J.K. Isaac; Enrico Bartolucci/Still Pictures; UNESCO/
Maria Muinos; p. 4: Hartmut Schwarzbach/Still Pictures; p. 5: UN Photo/Eskinder Debebe; p. 7: UNESCO/Maria Muinos; p. 9:
© International Labour Organization/J. Maillard; p. 11: Argus/Still Pictures; Enrico Bartolucci/Still Pictures; p. 13: Otto Stadler/
Still Pictures; p. 16: UN Photo/Evan Schneider; p. 17: Ron Giling/Still Pictures; UN Photo/Sebastiao Barbosa; p. 19: Friedrich Stark/
Still Pictures; p. 20: UNESCO/Alexis N. Vorontzoff; p. 24: © International Labour Organization/J. Maillard; p. 26: Ron Giling/
Still Pictures; Manfred Vollmer/Still Pictures; p. 30: United Nations/IYV; p. 31: United Nations/DPI/Eskinder Debebe.
II

4. FOREWORD
At the dawn of the new millennium, human rights and A collective and multifaceted effort is required of human
development are at a crossroads. On the one hand, the rights and development practitioners, now more so than
congruence between human rights and development the- ever. Filling gaps in knowledge, skills and capacities will be
ory has never been more striking. Poverty and inequities meaningless without renewed leadership, commitment and
between and within countries are now the gravest human attention to our own internal accountability systems and
rights concerns that we face. As the Secretary-General un- incentive structures. The valuable contributions brought to
derscored in his 2005 reform report “In larger freedom”, this publication from our United Nations development part-
the challenges of human rights, development and security ners are testimony to the kind of collaboration that should
are so closely entwined that none can be tackled effec- be further encouraged.
tively in isolation.
While a modest contribution on its own, I hope that this
United Nations agencies have gone a considerable way publication will succeed in advancing our shared under-
towards reflecting these realities in practice, including standing about how the goals of human rights and devel-
through defining a common understanding of a human opment can be achieved through more effective develop-
rights-based approach to development cooperation, em- ment cooperation, within wider strategies and coalitions
bodied within the United Nations common programming for change.
guidelines. And at the World Summit in September 2005,
United Nations Member States gave an unprecedented po-
litical imprimatur and impetus to the Organization’s efforts
to bring human rights to the front and centre of all its work,
a shared commitment that through my 2005 “Plan of ac-
tion” I am determined to support.
Yet there remains a chasm between theory and practice,
ensuring that the objectives, policies and processes of
development are channelled more directly and effectively
towards human rights goals. There are, of course, many
reasons why this is so, including continuing gaps in knowl-
edge and skills, and difficulties in translating human rights
norms into concrete programming guidance applicable in Louise Arbour
diverse policy contexts and national circumstances. This United Nations
is the principal gap that this publication aims to fill, with High Commissioner
United Nations development practitioners as the primary for Human Rights
audience.
III

5. ACKNOWLEDGEMENTS
Earlier drafts of this publication were shaped greatly from inputs from partner agencies in the United Nations system.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) wishes to express particular thanks to
the following, although final responsibility rests of course with OHCHR: Carmen Artigas (Chief, Human Rights Unit, Economic
Commission for Latin America and the Caribbean), Marc Derveeuw (United Nations Population Fund Country Support
Team, Harare), Emilie Filmer-Wilson (Oslo Governance Centre, United Nations Development Programme (UNDP)), Sascha
Graumann (Deputy Chief, UNDP SURF Bratislava), Nadia Hijab (consultant to joint OHCHR/UNDP HURIST programme,
New York), Zanofer Ismalebbe (Human Rights Focal Point and HURIST programme officer, UNDP Geneva), Marcia Kran
(Democratic Governance Practice Manager, UNDP SURF Bratislava), Carole Landon (Department of Country Focus, World
Health Organization (WHO) Geneva), Else Leona McClimans (Oslo Governance Centre, UNDP), Helena Nygren-Krugh (Health
and Human Rights Adviser, WHO Geneva), Thord Palmlund (consultant to joint OHCHR/UNDP HURIST programme, New York),
Barbara Pesce-Monteiro (Director, UNDP Guatemala), Patrick van Weerelt (Human Rights Adviser, UNDP New York), Lee
Waldorf (Human Rights Adviser, United Nations Development Fund for Women) and Richard Young (United Nations Children’s
Fund (UNICEF) Representative, Kyrgyzstan).
The drafting suggestions and sustained contributions from Urban Jonsson (UNICEF), Detlef Palm (Chair, Global QSA Group for
CCA/UNDAF, UNICEF New York), Fabio Sabatini (Regional Programme Officer, UNICEF Geneva), Christian Salazar-Volkmann
(UNICEF Representative, Islamic Republic of Iran) and Joachim Theis (Youth and Partnerships Officer, UNICEF Regional
Office, Bangkok) deserve special mention.
IV

6. CONTENTS
Page
Foreword .................................................................................................................................................................................................................................................... III
I. HUMAN RIGHTS
1. What are human rights? ............................................................................................................................................................................................................. 1
2. Is there any hierarchy among human rights? ................................................................................................................................................................. 2
3. What kinds of human rights obligations are there? ................................................................................................................................................... 2
4. Do individuals, as well as States, have obligations?................................................................................................................................................. 3
5. Is it possible to realize human rights when resources are limited? .................................................................................................................. 4
6. Are there differences between individual rights and collective rights? .......................................................................................................... 4
7. Do human rights depend on culture?................................................................................................................................................................................. 5
II. HUMAN RIGHTS AND DEVELOPMENT
8. What is the relationship between human rights and human development?................................................................................................ 7
9. What is the relationship between human rights, the Millennium Declaration and the Millennium Development Goals? .................. 8
10. What is the relationship between human rights and poverty reduction? ...................................................................................................... 9
11. What is the relationship between human rights and good governance? .................................................................................................... 10
12. What is the relationship between human rights and economic growth? .................................................................................................... 10
13. Does the realization of human rights require big government?........................................................................................................................ 11
14. How can human rights help to resolve policy trade-offs? ................................................................................................................................... 11
15. How can human rights influence national budgets?............................................................................................................................................... 12
III. A HUMAN RIGHTS-BASED APPROACH – DEFINITION AND GENERAL ISSUES
16. What is a human rights-based approach? ................................................................................................................................................................... 15
17. What value does a human rights-based approach add to development? ................................................................................................. 16
18. What is the relationship between a human rights-based approach and gender mainstreaming? .............................................. 18
19. Can a human rights-based approach help to resolve conflicts between different stakeholders in development? ........... 19
20. Does a human rights-based approach require United Nations development agencies to engage in partisan politics?................. 20
21. Is a human rights-based approach consistent with the requirement for national ownership? ...................................................... 21
V

7. Page
IV. IMPLICATIONS OF A HUMAN RIGHTS-BASED APPROACH FOR DEVELOPMENT PROGRAMMING
22. How do human rights standards relate to the development programming process?.......................................................................... 23
23. What does the principle of equality and non-discrimination mean for programming?....................................................................... 23
24. What does the principle of accountability mean for programming?..............................................................................................................24
25. What does the principle of participation mean for programming?................................................................................................................. 26
26. How do human rights help with situation analysis?................................................................................................................................................ 27
27. How do human rights guide programme formulation? .......................................................................................................................................... 28
28. Does a human rights-based approach bring anything new to capacity development? ..................................................................... 29
29. What do human rights contribute to the selection of indicators for monitoring development programmes? ....................... 30
30. Is there any contradiction between a human rights-based approach to programming and results-based management?........... 31
Annex I The seven “core” United Nations human rights treaties ................................................................................................................. 33
Annex II The human rights-based approach to development cooperation:
towards a common understanding among the United Nations agencies.............................................................................. 35
Annex III Selected web-based references on a human rights-based approach ..................................................................................... 39
VI

8. I
HUMAN RIGHTS
1 What are human rights?
Their meaning is also elaborated by individuals and expert
bodies appointed by the United Nations Commission on
Human Rights (a Geneva-based body composed of 53
Human rights are universal legal guarantees protecting United Nations Member States), known as “special proce-
individuals and groups against actions and omissions that dures,”2 and of course through regional and national courts
interfere with fundamental freedoms, entitlements and hu- and tribunals. There are other human rights legal systems
man dignity. Human rights law obliges Governments (prin- as well. For example, the International Labour Organization
cipally) and other duty-bearers to do certain things and (ILO) conventions and standards specifically protect labour
prevents them from doing others. rights, and international humanitarian law applies to armed
conflicts, overlapping significantly with human rights law.
Some of the most important characteristics of human
rights are that they: Among the rights guaranteed to all human beings under in-
ternational treaties, without any discrimination on grounds
Are universal—the birthright of all human beings such as race, colour, sex, language, political or other opinion,
Focus on the inherent dignity and equal worth of all national or social origin, property, birth or other status, are:
human beings
Are equal, indivisible and interdependent The right to life, liberty and security of person
Cannot be waived or taken away Freedom of association, expression, assembly and
Impose obligations of action and omission, particu- movement
larly on States and State actors The right to the highest attainable standard of health
Have been internationally guaranteed Freedom from arbitrary arrest or detention
Are legally protected The right to a fair trial
Protect individuals and, to some extent, groups The right to just and favourable working conditions
The right to adequate food, housing and social
Human rights standards have become increasingly well security
defined in recent years. Codified in international, regional The right to education
and national legal systems, they constitute a set of perfor- The right to equal protection of the law
mance standards against which duty-bearers at all levels Freedom from arbitrary interference with privacy,
of society—but especially organs of the State—can be held family, home or correspondence
accountable. The fulfilment of commitments under interna- Freedom from torture and cruel, inhuman or degrading
tional human rights treaties (see annex I) is monitored by in- treatment or punishment
dependent expert committees called “treaty bodies,” which Freedom from slavery
also help to clarify the meaning of particular human rights.1 The right to a nationality
1 2
Treaty bodies do this through recommendations directed to specific States when Examples include the Special Rapporteur on the right of everyone to the enjoy-
reviewing their compliance with their treaty obligations and through “general com- ment of the highest attainable standard of physical and mental health, the
ments” (or “general recommendations”) on the meaning of particular rights. See Special Rapporteur on torture and cruel, inhuman or degrading treatment or
the treaty bodies database of the Office of the United Nations High Commissioner punishment, and the Working Group on the Right to Development. See OHCHR
for Human Rights (OHCHR) at http://www.ohchr.org/english/bodies/treaty/index. Fact Sheet No. 27, Seventeen Frequently Asked Questions about United Nations
htm and OHCHR Fact Sheet No. 30, The United Nations Human Rights Treaty Special Rapporteurs, http://www.ohchr.org/english/about/publications/docs/
System, http://www.ohchr.org/english/about/publications/docs/fs30.pdf. factsheet27.pdf.
1
I

9. Freedom of thought, conscience and religion
The right to vote and take part in the conduct of
public affairs
3 What kinds of human rights
obligations are there?
The right to participate in cultural life
Obligations are generally of three kinds: to respect, to protect
Further reading: and to fulfil human rights:
OHCHR treaty bodies database, http://www.ohchr.org/ To respect human rights means simply not to in-
english/bodies/treaty/index.htm, and fact sheets, http://
terfere with their enjoyment. For instance, States
www.ohchr.org/english/about/publications/sheets.htm.
should refrain from carrying out forced evictions
2
and not arbitrarily restrict the right to vote or the
Is there any hierarchy among freedom of association.
To protect human rights means to take steps to
human rights?
ensure that third parties do not interfere with their
No, all human rights are equally important. The 1948 enjoyment. For example, States must protect the ac-
Universal Declaration of Human Rights makes it clear that cessibility of education by ensuring that parents and
human rights of all kinds—economic, political, civil, cultural employers do not stop girls from going to school.
and social—are of equal validity and importance. This fact To fulfil human rights means to take steps progres-
has been reaffirmed repeatedly by the international com- sively to realize the right in question. This obligation
munity, for example in the 1986 Declaration on the Right to is sometimes subdivided into obligations to facilitate
Development, the 1993 Vienna Declaration and Programme and to provide for its realization. The former refers
of Action,3 and the near-universally ratified Convention on to the obligation of the State to engage proactively
the Rights of the Child. in activities that would strengthen people’s ability
to meet their own needs, for instance, creating con-
Human rights are also indivisible and interdependent. The ditions in which the market can supply the health-
principle of their indivisibility recognizes that no human care services that they demand. The obligation to
right is inherently inferior to any other. Economic, social “provide” goes one step further, involving direct pro-
and cultural rights must be respected, protected and real- vision of services if the right(s) concerned cannot
ized on an equal footing with civil and political rights. The be realized otherwise, for example to compensate
principle of their interdependence recognizes the difficulty for market failure or to help groups that are unable
(and, in many cases, the impossibility) of realizing any one to provide for themselves.
human right in isolation. For instance, it is futile to talk of
the right to work without a certain minimal realization of Human rights law recognizes that a lack of resources can
the right to education. Similarly, the right to vote may seem impede the realization of human rights. Accordingly, some
of little importance to somebody with nothing to eat or in human rights obligations are of a progressive kind, while
situations where people are victimized because of their others are immediate.4 For economic, social and cul-
skin colour, sex, language or religion. Taken together, the tural rights, States have a core obligation to satisfy the
indivisibility and interdependence principles mean that ef- minimum essential level of each right. This level cannot be
forts should be made to realize all human rights together, determined in the abstract; it is a national task, to be un-
allowing for prioritization as necessary in accordance with dertaken in accordance with human rights principles (see
human rights principles (see question 14). question 14). However, in any situation where a significant
number of people are being deprived of their right to health,
3 4
A/CONF.157/24 (Part I), chap. III, preamble, http://www.ohchr.org/english/law/ See general comment No. 3 of the Committee on Economic, Social and Cul-
vienna.htm. tural Rights, http://www.ohchr.org/english/bodies/cescr/comments.htm.
2

10. housing, food and so forth, the State has a duty to show issued according to pre-established constitutional
that all its available resources—including through requests procedures, be publicly notified, and be strictly nec-
for international assistance, as needed—are being called essary and in proportion to the severity of the crisis.
upon to fulfil these rights. At the time of ratifying or acceding to a human rights
treaty, States may also submit what is known as a
For socio-economic rights, the following obligations are of reservation, limiting or modifying the treaty’s effect,
immediate effect: provided the reservation is consistent with the trea-
ty’s overall object and purpose.
The obligation not to discriminate between different
groups of people in the realization of the rights in The substantive content of economic, social
question; and cultural rights obligations
The obligation to take steps (including devising
specific strategies and programmes) targeted delib- Human rights (including economic and social rights) standards
erately towards the full realization of the rights in are becoming more clearly defined both internationally and
question; and nationally. Courts in a wide range of countries and legal systems—
such as Argentina, the Dominican Republic, Finland, India, Latvia,
The obligation to monitor progress in the realization
Nigeria and South Africa—have been giving meaning to obligations
of human rights. Accessible mechanisms of redress associated with economic, social and cultural rights, including
should be available where rights are violated. in connection with workers’ rights and the rights to food, social
security, adequate housing, health and education.
Taking the right to health as an example, it is not permis-
sible for available resources to be devoted exclusively to For example, in 2002 the Constitutional Court of South Africa
declared that the Government had breached its human rights
first-rate services for only half the population or only those
obligations by failing to take reasonable measures (at affordable
living in urban areas. Available resources should be dedi- cost) to make wider provision of anti-retroviral medication to
cated to ensuring that the standard of health of the entire prevent mother-to-child transmission of HIV. This decision and
population is progressively improved, with immediate plan- the grass-roots campaign surrounding it have saved many lives.
ning towards that objective, and effective mechanisms for Decisions of the Supreme Court of India, including in 2002
monitoring progress and, as necessary, redress. concerning the right to food in the context of a preventable
famine in Rajasthan, have likewise had a significant beneficial
impact in a number of States in that country. The successful
Human rights treaties also set certain limits on human outcomes in these cases are to a great extent attributable to the
rights obligations: fact that litigation strategies were integrated within wider social
mobilization processes.
The enjoyment of some international human rights
can be limited in line with legitimate requirements of
national security, “public order” (although this does
not offer a carte blanche to abrogate human rights)
4 Do individuals, as well as States,
have obligations?
or public health. Examples include the right of peace-
ful assembly and freedom of movement under the Yes. Human rights obligations can also attach to private
International Covenant on Civil and Political Rights. individuals, international organizations and other non-State
Quite a number of human rights can lawfully be actors.5 Parents, for example, have explicit obligations under
derogated from, or suppressed, in times of public the Convention on the Rights of the Child and States are
emergencies, such as a security crisis. Examples obliged to cooperate with each other to eliminate obstacles
include freedom of expression and freedom of as-
sociation, although not rights basic to immediate 5
See International Council on Human Rights Policy, Taking Duties Seriously:
human survival. To be lawful, derogations must be Individual Duties in International Human Rights Law (1999), available at
www.ichrp.org.
3
I

11. to development.6 Moreover, individuals have general respon- benefit goes disproportionately to the privileged groups of
sibilities towards the community at large and, at a minimum, society. Some interventions important for human rights,
must respect the human rights of others. such as tackling corruption, in fact save public money.
However, the State remains the primary duty-bearer under In other cases it will be impossible to realize human rights
international law, and cannot abrogate its duty to set in without more funding. This is true for all human rights—eco-
place and enforce an appropriate regulatory environment for nomic, civil, social, cultural or political. Depending on the
private sector activities and responsibilities. National legis- starting point, working towards an accessible and effective
lation and policies must detail how the State’s human rights justice system may be just as costly as realizing certain
obligations will be discharged at national, provincial and lo- socio-economic rights such as safeguarding against forced
cal levels, and the extent to which individuals, companies, evictions or guaranteeing the right to form trade unions.
local government units, NGOs or other organs of society will Setting in place the systems needed for free and fair elec-
directly shoulder responsibility for implementation. tions can be a major draw on the public purse.
5 Is it possible to realize human rights
when resources are limited?
6 Are there differences between
individual rights and collective rights?
Yes. Sometimes the equal worth and dignity of all can be
assured only through the recognition and protection of in-
dividuals’ rights as members of a group. The term collective
rights or group rights refers to the rights of such peoples
and groups, including ethnic and religious minorities and
indigenous peoples, where the individual is defined by his
or her ethnic, cultural or religious community.
Human rights claims are generally made most effectively
by people acting together as a group. For instance, while
we are all entitled as individuals to the right to freedom
Yes. In many situations the obligations to respect a given of association, it is only when that right is asserted col-
right (non-interference) may require more in the way of po- lectively that it can meaningfully be realized. But in certain
litical will than financial resources. Even for obligations re- specific cases the right in question protects a common
quiring positive action by the State, rapid progress may be interest which the group—rather than any specific indi-
possible by using the available funds more efficiently—for vidual—is entitled to claim. For instance, the rights of in-
example, by scaling down expenditures on unproductive digenous peoples to traditional lands are recognized in ILO
activities and by reducing spending on activities whose Convention No. 169, minority rights are recognized in arti-
cle 27 of the International Covenant on Civil and Political
6
Article 28 of the Universal Declaration of Human Rights provides: “Everyone
is entitled to a social and international order in which the rights and freedoms
Rights, and the right to self-determination is granted to all
set forth in this Declaration can be fully realized.” The 1986 Declaration on the peoples in article 1 of both the International Covenant on
Right to Development contains an even more explicit recognition: “States have Civil and Political Rights and the International Covenant on
the duty to cooperate with each other in ensuring development and eliminating
obstacles to development” (art. 3, para. 3). The Millennium Declaration (2000) Economic, Social and Cultural Rights. Collective rights are
repeatedly affirms the twin principles of global equity and shared responsibility, reflected strongly in some regional human rights regimes.
resolving “to create an environment—at the national and global levels alike—
which is conducive to development and to the elimination of poverty” (para. 12).
The African Charter on Human and Peoples’ Rights, for ex-
See International Council on Human Rights Policy, Duties sans frontières: Human ample, defines “peoples’ rights” to embrace the right to
rights and global social justice (2003), available at http://www.ichrp.org.
4

12. existence and self-determination, the right to economic, International human rights standards enjoy a strong claim
social and cultural development, and the right to a general to universality, with considerable adaptability to different
satisfactory environment favourable to their development. cultural contexts. Article 1 of the Universal Declaration of
Human Rights states: “All human beings are born free and
However, there may often be obstacles to people claiming equal in dignity and rights.” Human rights are inherent and
collective rights. The challenges are partly of a legal kind, inalienable in human beings, simply by the fact of their be-
the problem of identifying who is entitled to claim what, ing human. The human person in whom they inhere cannot
and also of a political kind, with collective rights in many voluntarily give them up. Nor can others take them away. All
situations being perceived as a threat to the interests of countries have ratified at least one of the seven core United
the majority or of individuals within the group. The right to Nations human rights treaties (see annex I) and 80 per cent
self-determination, for example, can raise difficult questions of States have ratified four or more, giving concrete expres-
about the control and use of resources, and hence is often sion to this universal recognition.
a matter of heated debate. Strategies to claim collective
rights must take account of these kinds of limitations and The international human rights framework itself acknowl-
sensitivities. edges cultural diversity by limiting the ambit of international
human rights to a range of standards on which international
7 Do human rights depend on culture?
consensus is possible. However, “culture” is neither static
nor sacrosanct, but rather evolves according to external and
internal stimuli. There is much in every culture that societies
International human rights are universally recognized regard- quite naturally outgrow and reject. In any case, culture is no
less of cultural differences, but their practical implementation excuse not to ensure the enjoyment of human rights. For in-
does demand sensitivity to culture. stance, harmful traditional practices, such as female genital
mutilation, even if embedded in long-standing cultural cus-
toms, need to change if they are in conflict with international
human rights standards. United Nations-supported develop-
ment efforts should assist the full realization of international
human rights standards whatever the country concerned.
Reconciling culture and universal human
rights: a practical illustration
A group of women’s human rights activists from various Islamic
backgrounds has developed a manual for women’s human rights
education in Muslim societies (M. Afkhami and H. Vaziri, Claiming
our Rights: A Manual for Women’s Human Rights Education
in Muslim Societies (Bethesda, Sisterhood is Global Institute,
1996)). It covers a broad range of “rights situations” such as rights
within the family, autonomy in family planning decisions, rights to
education and employment, and rights to political participation.
Its interactive and interpretive exercises interweave excerpts from
international human rights agreements with verses from the Koran,
sharia rules, stories, idioms and personal experiences.
Source: C. Nyamu-Musembi, “Towards an actor-oriented perspective on human
rights”, IDS working paper 169 (Brighton, Institute of Development Studies,
October 2002), p. 9, http://www.ids.ac.uk/ids/bookshop/wp/wp169.pdf.
5
I

13. Further reading:
United Nations Population Fund (UNFPA), Culture Matters –
Working with Communities and Faith-based Organizations: Case
Studies from Country Programmes (2004), http://www.unfpa.
org/upload/lib_pub_file/426_filename_CultureMatters_
2004.pdf.
6

14. II
HUMAN RIGHTS AND DEVELOPMENT
8 What is the relationship between
human rights and human
development?
“Human development and human rights are close enough
in motivation and concern to be compatible and congru-
ous, and they are different enough in strategy and design
to supplement each other fruitfully,” according to the Human
Development Report 2000.7 Human rights and development
both aim to promote well-being and freedom, based on the
inherent dignity and equality of all people. The concern of hu-
Human rights contribute to human development by guaran-
man development is the realization by all of basic freedoms,
teeing a protected space where the elite cannot monopo-
such as having the choice to meet bodily requirements or to
lize development processes, policies and programmes.
escape preventable disease. It also includes enabling op-
The human rights framework also introduces the important
portunities, such as those given by schooling, equality guar-
idea that certain actors have duties to facilitate and foster
antees and a functioning justice system. The human rights
development. For people to be enabled to assert a legally
framework shares these concerns (see chap. I above).
binding claim that specific duty-bearers provide free and
compulsory primary education (International Covenant on
Human rights and human development share a preoccupa-
Economic, Social and Cultural Rights, art. 13) is more em-
tion with necessary outcomes for improving people’s lives,
powering than it is to rely on “needs” alone or to observe
but also with better processes. Being people-centred, they
the high economic returns on investments in education, for
reflect a fundamental concern with institutions, policies
example.
and processes as participatory and comprehensive in cov-
erage as possible, respecting the agency of all individuals.
When human rights go unfulfilled, the responsibilities of
For instance, in the human rights and human develop-
different actors must be analysed. This focus on locat-
ment frameworks, the development of new technologies
ing accountability for failures within a social system sig-
for effective malaria prevention is a legitimate and even
nificantly broadens the scope of claims usually associated
desirable outcome. But in rolling out these technologies
with human development analysis. In the other direction,
development actors should clearly assess and explain the
human development analysis helps to inform the policy
possible negative effects of the testing, as well as ensure
choices necessary for the realization of human rights in
that the technologies are accessible and affordable and
particular situations.
that vulnerable groups are not excluded.
7
United Nations Development Programme (UNDP), Human Development
Report 2000: Human rights and human development (New York, 2000), p. 19,
available at http://hdr.undp.org/reports/view_reports.cfm?year=2000&country
=0&region=0&type=0&theme=0.
7
II

15. 9
of poverty and other development problems.11 For example,
Millennium Development Goal 2 sets the target of 2015 for
What is the relationship between
achieving universal primary education. Experience shows that
human rights, the Millennium school fees keep more girls than boys out of school, reduc-
Declaration and the Millennium ing the ability to reach both Goal 2 and Goal 3 on gender
Development Goals? equality. Human rights reinforce strategies to achieve Goal
2 by establishing the right to universal, free primary educa-
The United Nations Millennium Declaration8 explicitly places tion, and by ensuring that growth strategies are tailored to
both human rights commitments and development goals at the needs of girls and other specific marginalized groups. The
the centre of the international agenda for the new millenni- global Goals and targets must also be adapted to the national
um. While Member States renewed commitments to promote context. For example, if the primary education enrolment rate
and protect human rights, they also agreed on eight quan- in a country in 2004 was 95 per cent, the obligation on the
tified and time-bound development goals—the Millennium State to devote maximum available resources towards the
Development Goals.9 These provide a focus for efforts to full realization of the right to education might—within a wider
reduce poverty and a common basis for measuring progress. analysis of national priorities—mean that the goal of universal
primary education should be achieved before 2015.
Human rights and the Millennium Development Goals are
interdependent and mutually reinforcing. The Goals are under- Other ways in which human rights strengthen efforts to
pinned by international law,10 and should be seen as part of achieve the Millennium Development Goals include:
a broader integrated framework of international human rights
entitlements and obligations. The Millennium Development Reinforcing the legitimacy of the Goals’ implementa-
Goals and human rights both aim to monitor the progressive tion strategies by building upon human rights treaty
realization of certain human rights. There are periodic report- obligations voluntarily undertaken by Governments;
ing processes for each at both national and international lev- Harnessing the mobilizing potential of human rights
els, although ensuring accountability for human rights requires discourse;
a more extensive set of laws and institutions. Enhancing the sustainability of the strategies to meet the
Goals, looking beyond global “averages” to address the
The Millennium Development Goals are important milestones root causes of poverty and underdevelopment, including
for the realization of the often neglected economic and social patterns of discrimination against particular groups;
rights. Human rights help sharpen the strategies for achiev- Building participatory and empowering strategies
ing the Goals by addressing the discrimination, exclusion, upon civil and political rights; and
powerlessness and accountability failures that lie at the root Factoring in human rights processes and institu-
tions—e.g., courts, national human rights institutions,
8
Adopted by the United Nations General Assembly in its resolution 55/2 informal justice systems and mechanisms at the
of 8 September 2000. See http://www.un.org/millennium/declaration/ international level (including the treaty bodies)—to
ares552e.pdf.
9
strengthen transparency and accountability for the
The eight Goals are: (1) eradicate extreme poverty and hunger; (2) achieve
universal primary education; (3) promote gender equality and empower
achievement of the Millennium Development Goals.12
women; (4) reduce child mortality; (5) improve maternal health; (6) combat
HIV/AIDS, malaria and other diseases; (7) ensure environmental sustainabil-
ity; (8) achieve a global partnership for development. For a full description
11
of these Goals and corresponding targets and indicators, see http://unstats. UNDP, Human Development Report 2003: Millennium Development Goals: A
un.org/unsd/mi/mi_goals.asp. compact among nations to end human poverty (New York, 2003), pp. 1 and
10 30 et seq.
See Philip Alston, “Ships passing in the night: the current state of the hu-
12
man rights and development debate seen through the lens of the Millennium See, for instance, United Nations Millennium Project Report, Investing in
Development Goals”, Human Rights Quarterly, vol. 27, No. 3 (August 2005), Development: A Practical Plan to Achieve the Millennium Development Goals
pp. 755-829. Most, but probably not all, Millennium Development Goals can (2005), pp. 108 and 118-120, available at http://www.unmillenniumproject.
be said to have the force of customary international law. org/reports/fullreport.htm.
8

16. 10
Human rights reinforce the demand that poverty reduction
be the primary goal of development policymaking. Human
What is the relationship between
rights require the process of formulating a poverty reduction
human rights and poverty reduction? strategy to include the following elements and principles:
It is now generally understood that poverty is a result of
disempowerment and exclusion. Poverty is not only a lack Identifying and prioritizing action to improve the
of material goods and opportunities, such as employment, situation of the poorest;
ownership of productive assets and savings, but the lack Analysing the underlying power relations and the
of physical and social goods, such as health, physical in- root causes of discrimination;
tegrity, freedom from fear and violence, social belonging, Ensuring that both the process and the concrete
cultural identity, organizational capacity, the ability to exert poverty reduction targets are consistent with inter-
political influence, and the ability to live a life with respect national human rights standards;
and dignity.13 Human rights violations are both a cause Ensuring close links between macroeconomic
and a consequence of poverty. design, sectoral initiatives, and “governance” com-
ponents and principles such as transparency and
accountability;
Ensuring a basic standard of civil and political rights
guarantees for active, free and meaningful participa-
tion, including freedom of information and freedom
of association; and
Identifying indicators and setting benchmarks so
that the progressive realization of economic and
social rights can clearly be monitored.
Further reading:
OHCHR, Human Rights and Poverty Reduction: A Conceptual
Framework (New York and Geneva, United Nations, 2004), http://
www.ohchr.org/english/issues/poverty/docs/povertyE.pdf.
OHCHR, Draft Guidelines: A Human Rights Approach to Poverty
Reduction Strategies, http://www.unhchr.ch/development/
povertyfinal.html.
World Health Organization (WHO), “Human Rights, Health
and Poverty Reduction Strategies”, Health and Human
Rights Publications Series, No. 5 (April 2005), http://www.
who.int/hhr/news/HHR_PRS_19_12_05.pdf.
13
The World Bank’s Voices of the Poor studies were based on extensive field
research and interviews of 60,000 people worldwide. D. Narayan and others,
eds., Voices of the Poor: Can Anyone Hear Us? (2000); D. Narayan and oth-
ers, eds., Voices of the Poor: Crying Out for Change (2000); and D. Narayan
and P. Petesch, eds., Voices of the Poor: From Many Lands (2002).
9
II

17. 11 What is the relationship
between human rights and good
12 What is the relationship between
human rights and economic growth?
governance?
Economic growth alone is not enough
Governance refers to mechanisms, institutions and pro-
cesses through which authority is exercised in the conduct Growth alone is not enough. Growth without equity, without social
of public affairs. The concept of good governance emerged inclusion, will not reduce poverty. “Equity has an instrumental
logic (redistribution can make growth easier and poverty reduction
in the late 1980s to address failures in development poli-
faster) but also has intrinsic value in a fair global society.”
cies due to governance concerns, including failure to re-
spect human rights. The concepts of good governance and Source: Simon Maxwell, “The Washington Consensus is dead! Long live the
meta-narrative!”, ODI working paper 243 (London, Overseas Development
human rights are mutually reinforcing, both being based Institute, January 2005), p. 6, http://www.odi.org.uk/publications/working_
on core principles of participation, accountability, trans- papers/wp243.pdf.
parency and State responsibility.
Economic growth is a means, not the goal, of development.
Human rights require a conducive and enabling environ- It can also be instrumental for the realization of human
ment, in particular appropriate regulations, institutions and rights. However, economic growth must be achieved in a
procedures framing the actions of the State. Human rights manner consistent with human rights principles.
provide a set of performance standards against which
Governments and other actors can be held accountable. At Certain economic, social and cultural rights may be real-
the same time, good governance policies should empower ized only progressively, over time, due to legitimate resource
individuals to live with dignity and freedom. Although hu- constraints (see question 3). States are under an obligation
man rights empower people, they cannot be respected and to take measures to realize these rights as expeditiously as
protected in a sustainable manner without good govern- possible. Since resources are needed to realize these particu-
ance. In addition to relevant laws, political, managerial lar rights, their speedy realization depends on softening the
and administrative processes and institutions are needed resource constraint, which in turn requires economic growth.
to respond to the rights and needs of populations. There A faster rate of growth can also help ease the pain of making
is no single model for good governance. Institutions and unavoidable trade-offs, by increasing available resources.
processes evolve over time.
It must be understood, however, that ensuring faster growth is
Human rights strengthen good governance frameworks. one thing and harnessing its potential for the cause of human
They require: going beyond the ratification of human rights rights is another. For economic growth to lead to the realization
treaties, integrating human rights effectively in legislation of human rights, any growth strategy must be part of a compre-
and State policy and practice; establishing the promotion hensive set of policies and institutions consciously designed to
of justice as the aim of the rule of law; understanding that convert resources into rights. This comprehensive framework
the credibility of democracy depends on the effectiveness has both international and national dimensions, the particu-
of its response to people’s political, social and economic lars of which vary from case to case, a process guided by the
demands; promoting checks and balances between formal conditions outlined in question 14 below. A key role of United
and informal institutions of governance; effecting neces- Nations agencies is to help ensure that economic growth is
sary social changes, particularly regarding gender equality translated into the wider enjoyment of human rights for all.14
and cultural diversity; generating political will and public
participation and awareness; and responding to key chal-
14
lenges for human rights and good governance, such as “Study on policies for development in a globalizing world: What can the
human rights approach contribute?” by Professor S. R. Osmani (E/CN.4/
corruption and violent conflict. Sub.2/2004/18), paras. 21-28.
10

18. 13 Does the realization of human
rights require big government?
Food and Agriculture Organization
of the United Nations (FAO)
Voluntary Guidelines on the Right to Food
No. The international human rights treaties neither require nor
preclude any particular form of government or economic sys- 4.9 States will take into account that markets do not
automatically result in everybody achieving a sufficient
tem—whether described as socialist, capitalist, mixed, centrally income at all times to meet basic needs, and should
planned or laisser-faire. Human rights can be implemented in a therefore seek to provide adequate social safety nets and,
wide variety of economic and political systems, provided that the where appropriate, the assistance of the international
system is democratic in character and properly recognizes and community for this purpose.
reflects the interdependence and indivisibility of all human rights.
4.10 States should take into account the shortcomings of market
mechanisms in protecting the environment and public goods.
There is nothing in the human rights framework to preclude
an active role for public sector institutions in the delivery of Source: Voluntary Guidelines to Support the Progressive Realization of the
essential services and public goods.15 In fact, human rights Right to Adequate Food in the Context of National Food Security,
http://www.fao.org/docrep/meeting/008/J3345e/j3345e01.htm.
strengthen the economic case for effective government.16 From
a human rights perspective, the Government is under a mini-
mum obligation to establish a regulatory and policy framework
that ensures access to essential services of acceptable quality
14 How can human rights help to
resolve policy trade-offs?
on a non-discriminatory basis, and to see to it that nobody is
deprived of such services solely because he or she is unable Human rights standards by themselves can rarely resolve
to pay.17 Human rights principles must guide the difficult policy complex policy choices and trade-offs. However, they do
choices and trade-offs to be made in this context. impose five essential conditions on policymaking.
The first is the result of their indivisibility, a cornerstone of
human rights law. No human right is intrinsically inferior to
any other. A certain right can still be given priority, but only
on practical grounds—e.g., because it has historically been
neglected or is likely to act as a catalyst. Countries might,
for example, consider giving priority to the right to education,
which is a well-known catalyst for the fulfilment of many
other rights, such as the right to food, the right to health, the
right to work, and the rights of children and women.
15
For a definition and discussion of the concept of global public goods, see
http://www.undp.org/globalpublicgoods/globalization/index.html.
16
For the economic arguments, see World Bank, World Development Report
2004: Making Services Work for Poor People (World Bank and Oxford Uni-
versity Press, 2003), http://www.worldbank.org; J. Vandemoortele, “Access
to basic social services: Human rights that make excellent economic sense”
(Carnegie Council on Ethics and International Affairs, Workshop on Social
Policy Principles and the Social Development Agenda, New York, 3-5 Decem-
ber 1999), http://www.carnegiecouncil.org/media/693_vandemoortele.
pdf?PHPSESSID=c18fa4212c70a8ed30c131e2e03b6485.
17
See general comments Nos. 14 and 15 of the Committee on Economic, Social
and Cultural Rights, http://www.ohchr.org/english/bodies/cescr/comments.htm.
11
II

19. Secondly, decisions on trade-offs must take full account human rights are realized and for whom. Budget analysis is a
of the obligations on States to ensure, with immediate ef- critical tool for monitoring gaps between policies and action,
fect, an essential minimum enjoyment of economic, social for ensuring the progressive realization of human rights, for
and cultural rights. The principle of “progressive realization” advocating alternative policy choices and prioritization, and
recognizes that some rights may have to be given priority ultimately for strengthening the accountability of duty-bear-
over others, because not all rights can be fulfilled at the ers for the fulfilment of their obligations.
same time or at the same place. Yet States have a core ob-
ligation, derived from the rights to life, food and health, to The budget can be understood as the outcome of systems
ensure that all individuals within their jurisdictions are free and relationships through which the varying needs and
from starvation. Core obligations must be treated as binding desires of a nation are heard, prioritized and funded. The
constraints; they cannot be traded off. The same applies to choices made by Governments as to how money is col-
rights that cannot be derogated from (see question 3 above). lected and distributed—and which rights are realized and for
whom—are not value-free or politically neutral.
Thirdly, the obligation not to discriminate is immediate.
Steps should be taken immediately to identify the most A rights-based approach to the budget demands that
disadvantaged or vulnerable with respect to the proposed such choices be made on the basis of transparency, ac-
policy measures, with data disaggregated as far as pos- countability, non-discrimination and participation. These
sible according to the prohibited grounds of discrimination principles should be applied at all levels of the budgetary
reflected in international human rights instruments, e.g., process, from the drafting stage, which should be linked
race, colour, sex, national or geographic origin. to the national development plans made through broad
consultation, through approval by parliament, which in
Fourthly, during analysis and subsequently through all stages turn must have proper amendment powers and time for
of decision-making, implementation, monitoring and evalua- a thorough evaluation of proposals, implementation and
tion, processes should be transparent and participatory. monitoring.
Finally, according to the principle of non-retrogression While budget debates are overwhelming political ones, the
of rights, no right can be permitted deliberately to suffer substantive content of human rights standards themselves
an absolute decline in its level of realization, unless the can furnish guidance to policymakers and legislators in
relevant duty-bearer(s) can justify this by referring to the weighing competing demands on limited resources, help-
totality of the rights in force in the given situation and fully ing to ensure, for example, that:
uses the maximum available resources.18 So when allocat-
ing more resources to the rights that have been accorded Primary education is free for all;
priority at any given time, the other rights must be main- Budget allocations are prioritized towards the most
tained at least at their initial level of realization.19 marginalized or discriminated against;
Provision is made for essential minimal levels for all rights;
15 How can human rights influence
national budgets?
There is progressive improvement in human rights
realization; and
Particular rights are not deliberately realized at the
cost of others (for example, that health programmes
All rights can have budgetary implications. To this extent, na- are not compromised by a disproportionate focus
tional budgets have a significant and direct bearing on which on security or debt servicing).
18
See general comment No. 3 of the Committee on Economic, Social and Cul-
tural Rights, http://www.ohchr.org/english/bodies/cescr/comments.htm.
19
E/CN.4/Sub.2/2004/18, paras. 58-61.
12

20. Increasing transparency and social spending
accountability, investment in social services, participation by
in public budgets in Ecuador all people in decisions that affect them, as well as access to
information, and a more efficient and effective public sector.
During the late 1990s Ecuador experienced a serious
macroeconomic crisis, which resulted in sharply decreased Lessons learned
spending on social programmes. Poverty rates doubled Messages are much more likely to produce change if they are
between 1998 and 1999, and spending on health and backed up by data and accompanied by realistic suggestions
education dropped by around 25 per cent. Concerned at these about how change can be accomplished. For example, by
cuts, which were especially devastating for Ecuador’s poorest focusing on the inequalities inherent in Ecuador’s tax structure,
and most vulnerable families, civil society organizations with the economic team was able to demonstrate where the funds
the support of the United Nations Children’s Fund (UNICEF) needed for social programmes might be obtained. Government
began to analyse the national budget—working with data and society alike perceived that priorities could be shifted to
from the Ministry of Finance and Economy and through a benefit society as a whole.
team of respected economists. The objective of this exercise
was to help legislators and the public understand how the Source: OHCHR/UNDP Seminar on good governance practices for the
budget functions and what priorities it reflects. The goal was promotion of human rights, Seoul, Republic of Korea, 15-16 September 2004,
to encourage the creation of more equitable public policies http://www.ohchr.org/english/issues/development/governance/seminar.htm.
based on a consensus regarding society’s obligation to fulfil
the human rights of all its members and to alter spending
priorities.
The budget analysis revealed that spending on social
programmes was plummeting. For example, in 1999
investment in health dropped from US$ 198 million to US$
96 million. Spending on social sectors was disproportionately
low compared to allocations for debt repayment and other
non-social sectors. In addition, certain regions—particularly
those with a majority indigenous population—were not getting
an equitable share of social benefits.
Results
Over the past four years a broad cross section of social
groups, with the support of UNICEF, and the executive and
legislative branches of government have collaborated to
sharpen budget analysis and increase social spending on poor
and vulnerable groups. Social spending grew to 23.2 per cent
of Ecuador’s budget and the issue of public spending was
subject to widespread, participatory national debate. It was
openly discussed in the media and the legislature, and by the
private sector and Ecuador’s active indigenous and labour
movements. Public discussion has also focused on how to
sustain increased social spending, examining the impact of the
foreign debt and heavy reliance on income from oil exports,
and overcoming inequities in the national tax structure.
Ecuador’s political leadership has worked with civil society
to strengthen a national monitoring system—the Integrated
System of Social Indicators of Ecuador (SIISE)—to track
progress in social investment both nationally and by region.
The programme led to increased government transparency and
13
II

21. Further reading:
A. Norton and D. Elsom, What’s behind the budget? Politics,
rights and accountability in the budget process (London,
Overseas Development Institute, 2002), http://www.odi.
org.uk/pppg/publications/books/budget.pdf.
M. Diokno, “A rights-based approach towards budget analysis”
(1999), http://www.iie.org/Website/CustomPages/ACFE8.pdf.
UNDP, “Public administration reform”, practice note (April 2004),
http://www.undp.org/policy/docs/practicenotes/PAR-PN.doc.
The International Budget Project, http://www.international
budget.org.
H. Hofbauer and G. Lara, “Health care: a question of hu-
man rights, not charity” (Fundar, April 2002), http://www.
internationalbudget.org/themes/ESC/health.pdf.
J. Streak, “The South African Children’s Budget Unit (CBU) of
Idasa”, Presentation for the Exploratory Dialogue on Applied
Budget Analysis for the Advancement of Economic, Social
and Cultural Rights (Mexico, 25 January 2001), http://www.
internationalbudget.org/themes/ESC/casesa.pdf.
ISODEC, Save the Children Fund Ghana and ActionAid
Ghana, “Basic rights, equity and the public budget”, work-
shop report (Sunyani, Ghana, August 2000), p. 2, http://
www.isodec.org.gh/Papers/budgetworkshop-Ghana.PDF.
Save the Children (Sweden), “Child-focused budget study:
assessing the rights to education of children with disabili-
ties in Vietnam” (Hanoi, 2000), http://www.international
budget.org/resources/library/VietnamChild-Budgets.pdf.
14

22. III
A HUMAN RIGHTS-BASED APPROACH
– DEFINITION AND GENERAL ISSUES
16 What is a human rights-based
approach?
Practical illustration of a human rights-based
approach: rights-holder and duty-bearer
capacity-building
A human rights-based approach is a conceptual framework A recent example from Malawi provides an excellent illustration of
for the process of human development that is normatively the rights-based approach, particularly because it linked village-
based on international human rights standards and opera- level rights education and activism with Government-level legal
advocacy. In this way, the campaign worked with (a) duty-bearers,
tionally directed to promoting and protecting human rights.
to ensure that the necessary rights were enshrined legally at
It seeks to analyse inequalities which lie at the heart of de- national and local levels; and (b) rights-holders, to inform them of
velopment problems and redress discriminatory practices what rights they had, how those rights related to their food security
and unjust distributions of power that impede development and how they could go about claiming those rights.
progress.
According to the 1998 Constitution of Malawi (art. 13), “The
State shall actively promote the welfare and development of the
Mere charity is not enough from a human rights perspec-
people of Malawi by progressively adopting and implementing
tive. Under a human rights-based approach, the plans, policies and legislation aimed at achieving the following goals:
policies and processes of development are anchored in a …(b) Nutrition: To achieve adequate nutrition for all in order to
system of rights and corresponding obligations established promote good health and self-sufficiency.” Malawi has also ratified
by international law. This helps to promote the sustainabil- international legal mechanisms necessary for ensuring the right
ity of development work, empowering people themselves— to food, including the International Covenant on Economic, Social
and Cultural Rights, the Convention on the Elimination of All Forms
especially the most marginalized—to participate in policy
of Discrimination against Women, the International Convention
formulation and hold accountable those who have a duty on the Elimination of All Forms of Racial Discrimination and the
to act. Convention on the Rights of the Child.
While there’s no universal recipe for a human rights-based The right-to-food campaign in Malawi began at the village level,
approach, United Nations agencies have nonetheless educating villagers about their rights and learning more about
the root causes of their food insecurity. The campaign linked the
agreed a number of essential attributes (see annex II):
particular experiences of the villagers, the human rights that they
could draw upon to address hunger and how such a campaign
As development policies and programmes are for- could be undertaken. Working groups at the village level built up
mulated, the main objective should be to fulfil hu- their organizing efforts to reach regional and then national actors,
man rights. maintaining representation from the village-level groups. These
A human rights-based approach identifies rights- groups linked their daily hunger problems to policy proposals for
national legislation and action, ensuring the people would be able
holders and their entitlements and corresponding
to claim the necessary rights to respond to their needs.
duty-bearers and their obligations, and works to-
wards strengthening the capacities of rights-holders Source: http://www.escr-net.org/GeneralDocs/MDG_Comment_Hunger.doc.
to make their claims and of duty-bearers to meet
their obligations.
15
III

23. Principles and standards20 derived from international The question of adding value goes primarily to the in-
human rights treaties should guide all development strumental case for a human rights-based approach.
cooperation and programming in all sectors and in Importantly, a human rights-based approach seeks to build
all phases of the programming process. upon and learn from—rather than discard—the lessons of
good development practice and strengthen arguments for
Further reading: their more consistent implementation. Empirical evidence
and practice show the vital importance to development
See annex III and, for further practical illustrations, see of many human rights outcomes, such as improved girls’
OHCHR and UNDP, Lessons Learned From Rights-Based education,21 enhanced security of tenure22 and ensuring
Approaches in the Asia-Pacific Region, 2005, http://www.
un.or.th/ohchr/SR/Regional_Office/forums/llp_regional_
women’s equal access to land, and the importance of civil
consultation/LLP_Documentation_of_case_studies.pdf. and political rights for good governance.23
17
The practical value of a human rights-based approach to
What value does a human development lies in the following:
rights-based approach add to 1. Whose rights? A human rights-based approach focuses
development? on the realization of the rights of the excluded and mar-
ginalized populations, and those whose rights are at risk
There are two main rationales for a human rights-based
of being violated, building on the premise that a country
approach: (a) the intrinsic rationale, acknowledging that
cannot achieve sustained progress without recognizing
a human rights-based approach is the right thing to do,
human rights principles (especially universality) as core
morally or legally; and (b) the instrumental rationale, rec-
principles of governance. Universality means that all
ognizing that a human rights-based approach leads to bet-
people have human rights, even if resource constraints
ter and more sustainable human development outcomes.
imply prioritization. It does not mean that all problems
In practice, the reason for pursuing a human rights-based
of all people must be tackled at once.
approach is usually a blend of these two.
21
See, for instance, S. Bhalla, S. Saigal and N. Basu, “Girls’ education is it:
nothing else matters (much)”, World Bank working paper, 6 March 2003,
http://www-wds.worldbank.org/servlet/WDSContentServer/WDSP/
IB/2004/03/01/000265513_20040301102825/Rendered/PDF/28016.pdf.
22
World Bank, World Development Report 2003: Overview, pp. 9 and 16: “Removing
the threat of summary eviction makes possible economic and social transforma-
tion of informal slum settlements, giving residents entitlements and responsibili-
ties that change their relationships with formal institutions and with each other.”
Witnessed through official programmes to regularize favelas (slums) in Brazil, for
example, security of tenure has been observed to trigger “a virtuous circle of eq-
uitable access to urban assets, as well as political and economic inclusion, giving
residents rights and responsibilities as citizens with a stake in the city’s future.”
23
The literature is extensive but see, for instance, D. Kaufmann, A. Kraay and
P. Zoido-Lobatón, “Governance matters: From measurement to action”, Finance
and Development, vol. 37, No. 2 (June 2000), pp. 10-13; J. Isham, D. Kaufmann
and L. Pritchett, “Civil liberties, democracy, and the performance of Government
projects”, The World Bank Economic Review, vol. 11, No. 2 (May 1997), p. 219;
20
Among the operational principles to be observed in the programming pro- and D. Dollar and L. Pritchett, Assessing Aid: What Works, What Doesn’t, and
cess are: universality and inalienability; indivisibility; interdependence and Why (New York, World Bank and Oxford University Press, 1998), p. 136: “[W]hen
interrelatedness; equality and non-discrimination; participation and inclu- civil liberties allow it there is greater expression of all types of citizen voice and
sion; and accountability and the rule of law (see annex II). that ultimately this voice is a force for improving government performance.”
16

24. 4. Participatory process. Accountabilities for achieving these
results or standards are determined through participatory
processes (policy development, national planning), and
reflect the consensus between those whose rights are vio-
lated and those with a duty to act. A human rights-based
approach seeks both to assist in the participatory formu-
lation of the needed policy and legislative framework, and
to ensure that participatory and democratic processes are
institutionalized locally and nationally (including through
capacity-building among families, communities and civil
society to participate constructively in relevant forums).
5. Transparency and accountability. A human rights-based
approach helps to formulate policy, legislation, regulations
and budgets that clearly determine the particular human
right(s) to be addressed—what must be done and to what
standard, who is accountable—and ensures the availability
of needed capacities (or resources to build the lacking ca-
pacities). The approach helps to make the policy formula-
tion process more transparent, and empowers people and
communities to hold those who have a duty to act account-
able, ensuring effective remedies where rights are violated.
2. Holistic view. A programme guided by a human rights-
based approach takes a holistic view of its environment,
considering the family, the community, civil society, local
and national authorities. It considers the social, political
and legal framework that determines the relationship be-
tween those institutions, and the resulting claims, duties
and accountabilities. A human rights-based approach
lifts sectoral “blinkers” and facilitates an integrated re-
sponse to multifaceted development problems.
3. International instruments. Specific results, standards of
service delivery and conduct are derived from universal
human rights instruments, conventions and other inter-
nationally agreed goals, targets, norms or standards.
A human rights-based approach assists countries in
translating such goals and standards into time-bound
and achievable national results.
17
III